And now another possible consequence of our Local Plan omnishambles

As well as having no Local Plan EDDC also has no Community Infrastructure Levy (CIL)as the Planning Inspector threw out EDDC’s plan for this at the sMe time.

Now, in a rather lawyerly article, is seems that this will cause major problems for infrastructure in East Devon if we do not have a charging schedule by April 2015.

… “These provisions [CIL] present a real and significant restriction on the use of s106 agreements to secure infrastructure payments or provision, and therefore a serious risk of funding gaps becoming an issue (if they are not already), particularly in relation to the pooling provisions, which may be a concern from ‘day one’ as authorities will need to look back to all planning obligations given since 2010.

If CIL is being charged, and a Reg 123 list has been published, then authorities may feel more in control of the situation but if not they may find themselves determining applications for development proposals which will have significant infrastructure demands and finding that they cannot rely on developer covenants in order to mitigate those impacts.” …

Source: http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=19349:cil–a-reminder-on-s106-and-s278-restrictions&catid=63&Itemid=31